VA’s & DoCA’s

Deed administrators block pub group dividend

Wexted Advisors partner Andrew McCabe. Wexted Advisors founder and principal Joe Hayes. Lavishing creditors with a fat dividend on the eve of the festive season is no doubt an aspiration close to the heart of every insolvency practitioner, so one can imagine the distinctly unChristmas-like sentiments that must have echoed through the Pitt Street offices of Wexted Advisors early Monday morning. Unwelcome correspondence had arrived…


An application approved, an application refused

Hall Chadwick partner Sule Arnautovic. Dermott McVeigh of Avior Consulting. Back to the drawing board was the message for Avior Consulting’s Dermott McVeigh after a judge refused the Perth-based practitioner’s application for approval of a lift in receivership fees. For Hall Chadwick’s Sule Arnautovic however, who was also in the Corporations List queue on Monday applying for approval of remuneration earned whilst an administrator and…


Administrators ousted after security ruled invalid

Litigation Funding Solutions director David Purcell. Marcus Watters of Hall Chadwick. The rule about being around for a good time not a long time does not apply when it comes to formal insolvency administrations, particularly when a recent appointment’s swiftly declared invalid and costs ordered against those ousted. Therefore iNO suspects that Hall Chadwick partners Marcus Watters, Richard Albarran and Brent Kijurina might be a…


Director’s escape from default curiously short-lived

Marcus Watters of Hall Chadwick. Hall Chadwick’s Richard Albarran. You would think that having convinced a court to declare a general security agreement (GSA) invalid and thereby ridding oneself of the receiver appointed pursuant to that GSA, that a director might be as it were, in the clear. Well not necessarily, and not in the case of Jin Resources (Aust) Pty Ltd (Jin) director Richard…


WA creditors back Pitchers pair to replace PKF duo

PKF partner Glenn Franklin. Pitcher Partners’ Bryan Hughes. The Darwinian contest for appointments, prestige and WIP continues unabated and in the case of ASX-listed Colortv Ltd, PKF Victoria partners Glenn Franklin and Jason Stone may well be rueing the loss of a plum. The pair were appointed administrators of the MySpace spin-off on August 31 after receiving a call from Melbourne-domiciled referrer Tumblugum Investments Pty…


Orbis VAs’ DoCa efforts in vain

Hall Chadwick partner Kathleen Vouris. Hall Chadwick’s Richard Albarran. Well you can’t say they didn’t try. Richard Albarran. Kathleen Vouris. Two of Hall Chadwick’s finest. They gave the Government of the Solomon Islands every opportunity in their bid to save Orbis Commodities (Orbis). Perhaps that was their big mistake? In case you haven’t heard the much touted Deed of Company Arrangement (DoCA) in respect of…


Defending DoCA’s doesn’t extinguish costs indemnity

Oracle Insolvency’s Dominic Cantone. Oracle Insolvency’s Nick Cooper. There will be expressions of wrath, gnashing of teeth and beheading of slaves in the corridors of insurers this week after a judge ruled that two liquidators ordered to personally pay cost orders without recourse should be covered by their professional indemnity policies. “On 22 December 2020, CGU formally declined to indemnify Messrs Cantone and Cooper.” Justice…


VAs still sweating on Solomon Islands government

Hall Chadwick’sKathleen Vouris. Hall Chadwick’s Richard Albarran. If you think Australian Prime Ministers have a tough time dealing with the Solomon Islands Government (SIG) spare a thought for Kathleen Vouris and Richard Albarran. For almost a year the Hall Chadwick pair have been dangling at the whim of the SIG as that august body contemplates funding a deed of company arrangement (DoCA) for two related…


Power of attorney VA okayed by court

CrouchAmirbeaggi partner Shabnam Amirbeaggi. As our 25th Prime Minister John Winston Howard once said: “Context is everything” and context is uppermost in the reasoning of a judge of the NSW Supreme Court who recently validated an insolvency appointment made by a non-director exercising power of attorney. The need for judicial endorsement came about because the company’s husband and wife directors have in recent times been…


Competition for Remi gig faded as fast it appeared

The Jirsch Sutherland partners that snagged the Remi Capital Group (Remi) VA last month might’ve had the inside running courtesy of a prior, related party appointment but that didn’t mean they had no competition. As is revealed in the Minutes of the first meeting of creditors, Remi’s voluntary administrators (VAs) Chris Baskerville and Glenn Crisp had to contend with various challengers, a not unusual occurrence…